It is hereby determined and declared that the abandonment or
storage outdoors of any inoperable motor vehicle or any motor vehicle
not currently licensed or registered, on any public street or on any
public or private lands within the Township is contrary and inimical
to the public welfare in that such vehicles so abandoned or stored
attract or may attract vermin and persons of tender years, who being
so attracted may play in or about them and be injured doing so, and
in that such vehicles so abandoned or stored outdoors deteriorate
and are unsightly and are detrimental to and depreciate the value
of properties in the neighborhood where they are located and in the
Township as a whole.
For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Any motor vehicle, omnibus, road tractor, trailer, truck,
truck-trailer and vehicle that is not currently registered or licensed,
or which is not capable of being used or operated upon any public
street or highway, whether by reason of improper or inadequate equipment
or otherwise.
Any automobile which is no longer in actual use as a motor
vehicle or which is wholly unfit, without rebuilding or reconditioning,
for use in highway transportation, or which has been discarded for
use as a motor vehicle or otherwise abandoned.
Such terms shall have the meanings stated and defined in
N.J.S.A. 39:1-1 et seq.
Any individual, firm, partnership or corporation being the
owner or having any legal right in, of or to the motor vehicle or
other vehicle as herein defined.
The Police Department of the Township.
A.
Parking of inoperable motor vehicles prohibited.
(1)
No person shall park, leave or store any inoperable motor vehicle
on any public lands or premises, except in case of emergency and then
for a period of not more than 72 hours.
(2)
No person shall park, leave, store or maintain any inoperable motor
vehicle for a period of more than 30 days upon any private lands or
premises.
(3)
No owner or occupier of any private lands or premises shall permit
or suffer any inoperable motor vehicle to be parked, left, stored
or maintained on his lands or premises for more than 30 days.
B.
Exclusions. Nothing herein shall be deemed to prohibit the placing,
keeping or storage of an inoperable vehicle in a garage, barn, building
or other enclosure that adequately protects against injury and vermin
and that substantially hides said vehicles from public view. Additionally,
nothing heretofore mentioned shall be deemed to prevent any of the
following activities from being conducted on private lands under the
conditions or by the persons referred to:
(1)
Keeping one motor vehicle within the definition set forth above which
does not possess the current year's registration. Such a vehicle may
be maintained by a single-dwelling unit on its associated premises
as long as the motor vehicle is in complete condition.
(2)
Maintaining motor vehicles altered for drag or stock car racing as
long as such motor vehicles are maintained on registered trailers.
(3)
Motor vehicles being held for sale or resale or for repair or maintenance
or an otherwise permitted business at a regular place of business
where such commercial activity is permitted.
(4)
Keeping a motor vehicle which would otherwise come under the provisions
of this article but whose owner is in the military stationed outside
the state.
(5)
Keeping an antique motor vehicle which is classified as such under
the state statutes.
(6)
Use of vehicles for agricultural, business or property maintenance
purposes which vehicles are not required to be registered because
they remain and are used solely on private property.
C.
Exempt certificates. Any person who possesses, owns or maintains a motor vehicle covered under any of the exclusions referred to above shall obtain from the Chief of Police, or his designee, an exempt certificate, which shall indicate that the motor vehicle or business in question comes under one of the exclusions referred to in Subsection B above. Such exempt certificate shall be valid for one year from the date of issuance; except, that a certificate issued pursuant to Subsection B(3) above shall expire 10 days after the termination of the business referred to. All owners of exempt certificates shall display the certificate on the windshield or other prominent place on the motor vehicle in question so that it is readily observable by the enforcement officials under this article; except, that a certificate holder pursuant to Subsection B(3) shall display his certificate at some prominent place on the business premises. No fees shall be charged for the issuance of an exempt certificate.
No person shall place, keep or store any junk automobile or
junk automobile body on any public or private property within the
Township, nor shall any person who owns any real property within the
Township allow any such automobile or body to remain on his land,
and failure to remove such automobile or body, after seven days' notice
to do so by the Police Department, shall constitute a violation of
this article.
A.
Whenever any officer of the Police Department finds any motor vehicle,
omnibus, road tractor, trailer, truck, truck-trailer or inoperable
vehicle which has been abandoned, kept or stored contrary to the provisions
of this article, such officer shall remove or secure the removal of
such vehicle to such premises designated by the Chief of Police, and
such vehicle shall be retained in impoundment until the persons owning
the same shall first pay the reasonable cost of removal and storage
which may result from such removal before regaining possession of
the vehicle and any fine or penalty and court costs assessed.
B.
The Police Department shall report the taking of possession immediately
to the Director of the State Motor Vehicle Commission, on a form prescribed
by him for verification of ownership. Notice shall also be given to
the registered owner, when and if ascertained, by certified mail,
addressed to such owner at his last known address, and to the holder
of any security interest filed with the Director of the possession
of the vehicle, the reason for its removal, its present location and
the date of the proposed sale of the same, as hereinafter provided
for.
A.
Whenever any vehicle impounded by the Police Department shall remain
unclaimed for a period of 60 days, the vehicle shall be sold under
the direction of the Chief of Police at public auction to the highest
bidder. Such auction shall take place after notice of such has been
given to the owner and holder of any security interest as provided
above, and at least seven days prior thereto by one publication in
a newspaper circulated in the Township. The address of the owner as
shown on the records of the State Motor Vehicle Commission shall be
deemed sufficient for the purposes of this article.
B.
In the alternative, the sale may be conducted in conformance with
the provisions of N.J.S.A. 39:10A-1 through N.J.S.A. 39:10A-7, as
from time to time amended.
The remedies and obligations set forth herein are in addition
to those established by N.J.S.A. 39:10A-1 et seq., N.J.S.A. 39:3-4,
N.J.S.A. 39:4-56.5 and any other applicable state statutes.
Unless otherwise provided, any person who violates any provision
of this article shall, upon conviction, be punished by a fine not
exceeding $250, or by imprisonment not exceeding 90 days, or both,
at the discretion of the municipal judge, and each day that such violation
shall continue shall be deemed a separate offense.
A continuance of a violation of a noncompliance with the provisions
of this article shall be deemed a nuisance, and the Township Council
shall have the right to apply to the courts of this state for injunctive
relief or other relief in addition to the penalties provided for herein.
